Dáil Éireann Debate, Tuesday - 3 October 2017
95. Deputy Niall Collins asked the Tánaiste and Minister for Business, Enterprise and Innovation if her Department has examined empowering the Competition and Consumer Protection Commission to issue civil fines for anti-competitive practices; and if she will make a statement on the matter. [41477/17]
View answerThe issue of empowering the Competition and Consumer Protection Commission, CCPC, to issue civil fines has been examined by my Department. The current legal position is that civil fines are not provided for in Irish law for anti-competitive practices. The Attorney General has previously advised my Department that providing for them would pose legal difficulties having regard to Article 38.1 of the Constitution, even at the level of a class A fine. In that context, any national legislation to introduce civil fines that would lower the burden of proof from beyond reasonable doubt to the balance of probability would pose constitutional difficulties having regard to the protection afforded in Article 38.1 of the Constitution.
On 22 March 2017, the Commission published a proposal for a Directive of the European Parliament and of the Council to empower the competition authorities of the Member States to be more effective enforcers and to ensure the proper functioning of the internal market. One of the Directive’s aims is to ensure that all National Competition Authorities are able to impose effective deterrent fines. The proposal is currently being debated at the Council Working Group on Competition and is also being considered by the European Parliament.
I am aware that the Law Reform Commission published an Issues Paper entitled "Regulatory Enforcement and Corporate Offences" on 27 January 2016. The Issues Paper invited views on the supervisory and enforcement powers of the State’s main financial and economic regulators (including the Competition and Consumer Protection Commission) and the issue of administrative and civil fines was raised. I understand the CCPC made a submission to the Law Reform Commission on 19 September 2017 in response to the Issues Paper. Any recommendations or proposals that may emanate from this exercise in due course will be carefully considered by my Department.
